- 66 - records to show his income. See, e.g., Habersham-Bey v. Commissioner, 78 T.C. at 313-314. Gleave pleaded guilty to embezzlement and theft of gasoline from Ashland Oil, Inc., on various occasions between July 1981 and January 1982, activities which by their nature produce income. Bradford v. Commissioner, 796 F.2d at 308; Petzoldt v. Commissioner, 92 T.C. at 701-702; McGee v. Commissioner, 61 T.C. at 260. Gleave’s overarching explanation is that Kenmore’s payments to him, or for his benefit, are not income to him because they are merely repayments of loans by him to Kenmore. We do not believe the stories of his receiving assertedly nontaxable sources of capital at convenient times. In addition, we note that petitioners do not even contend that any of the asserted transfers by Gleave to Kenmore met any of the criteria for loans, as distinguished from contributions to capital. For a discussion of such criteria and case law, see Bittker & Eustice, Federal Income Taxation of Corporations and Shareholders, par. 4.04, at 4-31 through 4-39 (6th ed. 1994). Gleave’s implausible explanations, which we reject, are themselves an indication of fraud. Bahoric v. Commissioner, 363 F.2d at 153-154; Boyett v. Commissioner, 204 F.2d at 208. We conclude from the foregoing, and we have found, that respondent has shown by clear and convincing evidence that Gleave intended to evade his income taxes for each of the years 1980,Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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